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Should I file bankruptcy to save my home... will it save my home from foreclosure?

April 16, 2008

I lost my job, after 12 years, having medical problems. I have yet to be able to claim unemployment benefits, and to the advice of my cardiologist, have filed for disability. My monthly house payment is $690, with a fixed interest rate of 5.75%. I have fallen behind in my mortgage, due to loss of income. My mortgage holder will not refinance or work with me. My loan was originally for 10 years at a fixed rate, and i should only have about 6 yrs left on my mortgage, with the loss of my job, and income, i cannot afford to make the payments as I use to. I made a full monthly payment just yesterday, and the bank manager called me and told me they would not accept my payment and to come back and get my money. I am in the process of converting from a chapter 13 bankruptcy to a chapter 7, by advice of my attorney due to the loss of my job and income. I am sure i will qualify for disability benefits of over $1000/month in addition to $625/month in child support income. I just can no longer make a payment of $690/month, and really need some help.

This entry was:
Posted By Alvin at 11:42 AM
Comments (3) | Categories: Bankruptcy, GMAC, Missouri Foreclosure | Tags: missouri gmac

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Comments

Chapter 13 is the only alternative option you have of keeping your house. Via the judicial system you have:
1. the ability to prove to a judge that you have impending income/disability/child support monies. The courts workout a financial plan to offset a lender's ability to foreclosure.
A chapter 7 only puts you in a position to lose your house and to wipe clean the debt of the mortgage. If you truly want to keep your house - Chapter 13 is the only option. Your bankruptcy attorney should also file a plea bargain during the Chapter 13 process to avoid your lender from filing for a relief of stay which if allowed by the court system would allow them to proceed with a foreclosure. Review Chapter 13 very carefully. It also affords you up to (5) years to pay out a plan and some time to play catch up on mortgage payments you have missed.
Posted By Susana on June 30, 2008 at 01:32 PM
Yes we started the loan modification process with chase who manages my mortgage for freddy mack unbenoust to me i also started chapter 7 proceedings ,well my atterney informed me i cannot do both so I have been waiting since march to hear if i was accepted and today they finally called I was over the moon to hear that my payment was going to be $500.00 less a month than before my first thought wow now I can afford to get my kids shoes !!as the loan analys was going through her spiel now as long as you are not going to be filing bankrupsy or not living on the premises sign the contract and get it back to me asap... I say ah hello I had to put my bankrupsy on hold because i was told I had to, she says no you were misinformed my your attorney you can file chapter 7 even if you are behind on your mortgage as soon as you are discharged call us asap and we will work another loan modification on your mortgage , can anybody tell me if this is true ? I feel like I am in the mis-information time warp ????
Posted By Darci dhuivetter on June 29, 2009 at 06:30 PM
We are going through the same thing. filed chapter 7 and not living in house and bank called says to move back in. And loan modification will take place through loss mediation? We are so confused on what to do.
Posted By Jenkins on August 19, 2009 at 12:14 PM

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